Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1885: Telegraph Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Telegraph Act, 1885: s.7B – Whether s.7B of the Act of 1885 providing for statutory remedy of arbitration ousts the jurisdiction of the consumer forum in deciding the dispute between a telecom company and a consumer – Held: While the Act of 1885 can be construed to be a special enactment for regulating telegraphs, the Consumer Protection Act is a special (and later) enactment intended to protect the interest and welfare of consumers – The fact that the remedy of arbitration under the Act 1885 is of a statutory nature, would not oust the jurisdiction of the consumer forum – The Act of 1986 and its successor, the Act of 2019 are subsequent enactments which have been enacted by Parliament to protect the interest of consumers – Therefore, an ouster of jurisdiction cannot be lightly assumed unless express words are used or such a consequence follows by necessary implication – The existence of an arbitral remedy will not, therefore, oust the jurisdiction of the consumer forum – It would be open to a consumer to opt for the remedy of arbitration, but there is no compulsion in law to do so and it would be open to a consumer to seek recourse to the remedies which are provided under the Act of 1986, now replaced by the Act of 2019 – Consumer Protection Act 2019 – Consumer Protection Act 1986 – Jurisdiction – Arbitration. Consumer Protection Act 2019: s.2(42) – Telecom services – The insertion of the expression ‘telecom services’ in the definition which is contained in s.2(42) of the Act of 2019 cannot be construed to mean that telecom services were not included from the jurisdiction of the consumer forum under the Act of 1986 – On the contrary, the definition of the expression ‘service’ in s.2(o) of the Act of 1986 was wide enough to comprehend services of every description including telecom services – Consumer Protection Act 1986 – s.2(o) – Interpretation of statutes.Consumer Protection Act, 1986: s.2(o) – ‘Service’ – Interpretation of – Parliament has used the expression “service of any description which is made available to potential users” – The definition employs the ‘means and includes formula’ – The means part of the definition incorporates service of “any” description – The inclusive part incorporates services by way of illustration, such as facilities in connection with banking, finance, insurance, transport, processing, supply of electrical and other energy, board or lodging and housing construction – The inclusive part is prefaced by the clarification that the services which are specified are not exhaustive – This is apparent from the expression “but not limited to” – The last part of the definition excludes (i) the rendering of any service free of charge; and (ii) services under a contract of personal service – Thus, Parliament has confined the exclusion only to two specified categories – The initial part of the definition however makes it abundantly clear that the expression ‘service’ is defined to mean service of any description. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 189 |
Petitioner | Vodafone Idea Cellular Ltd. |
Respondent | Ajay Kumar Agarwal |
SCR | [2022] 2 S.C.R. 748 |
Judgement Date | 2022-02-16 |
Case Number | 923 |
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